Opinion
2:21-cv-00961-CDS-BNW
10-30-2023
DANNY WANEK and JUAN DUARTE, as representatives of a class of similarly situated persons, and on behalf of the Caesars Entertainment Corporation Savings & Retirement Plan, Plaintiffs, v. RUSSELL INVESTMENTS TRUST COMPANY, CAESARS HOLDINGS, INC., THE PLAN INVESTMENT COMMITTEE, and THE 401K PLAN COMMITTEE. Defendants.
Paul S. Padda PAUL PADDA LAW, PLLC Paul J. Lukas, MN Bar No. 22084X* Brock J. Specht, MN Bar No. 0388343* Benjamin J. Bauer, MN Bar No. 0398853* NICHOLS KASTER, PLLP *admitted pro hac vice ATTORNEYS FOR PLAINTIFF AND THE PROPOSED CLASS MAYER BROWN LLP D. Matthew Moscon (admitted pro hac vice) MAYER BROWN LLP Nancy G. Ross (admitted pro hac vice) LITTLER MENDELSON P.C. Patrick H. Hicks, Esq. Bar. No. 004632 Diana G. Dickinson, Esq. Bar No. 13477 Attorneys for Defendant Caesars Holdings, Inc., the Plan Investment Committee, and the 401(k) Plan Committee MILBANK LLP Robert C. Hora Sean M. Murphy, Esq. (admitted pro hac vice) Robert C. Hora, Esq. (admitted pro hac vice) Joseph J. Kammerman, Esq. (admitted pro hac vice) Emily E. Werkmann, Esq. (admitted pro hac vice) PARSONS, BEHLE & LATIMER Rew R. Goodenow, Esq. NSBN 3722 Michael R. Kealy, Esq. NSBN 971 Attorneys for Defendant Russell Investments Trust Company
Paul S. Padda PAUL PADDA LAW, PLLC Paul J. Lukas, MN Bar No. 22084X* Brock J. Specht, MN Bar No. 0388343* Benjamin J. Bauer, MN Bar No. 0398853* NICHOLS KASTER, PLLP *admitted pro hac vice ATTORNEYS FOR PLAINTIFF AND THE PROPOSED CLASS
MAYER BROWN LLP D. Matthew Moscon (admitted pro hac vice) MAYER BROWN LLP Nancy G. Ross (admitted pro hac vice) LITTLER MENDELSON P.C. Patrick H. Hicks, Esq. Bar. No. 004632 Diana G. Dickinson, Esq. Bar No. 13477 Attorneys for Defendant Caesars Holdings, Inc., the Plan Investment Committee, and the 401(k) Plan Committee
MILBANK LLP Robert C. Hora Sean M. Murphy, Esq. (admitted pro hac vice) Robert C. Hora, Esq. (admitted pro hac vice) Joseph J. Kammerman, Esq. (admitted pro hac vice) Emily E. Werkmann, Esq. (admitted pro hac vice) PARSONS, BEHLE & LATIMER Rew R. Goodenow, Esq. NSBN 3722 Michael R. Kealy, Esq. NSBN 971 Attorneys for Defendant Russell Investments Trust Company
STIPULATION REGARDING BRIEFING SCHEDULES (FIRST REQUEST FOR SUBJECT DEADLINES)
Plaintiffs Danny Wanek and Juan Duarte (“Plaintiffs”), as representatives of a class of similarly situated persons, and on behalf of the Caesars Entertainment Corporation Savings & Retirement Plan, and Defendants Russell Investments Trust Company, Caesars Holdings, Inc., the Plan Investment Committee, and the 401(k) Plan Committee (“Defendants”) (collectively, the “Parties”), by and through their undersigned counsel, hereby stipulate and agree as follows:
WHEREAS, Plaintiffs filed their Motion for Leave to File the Fourth Amended Complaint (ECF No. 131) on October 17, 2023, within the deadline agreed-upon by the parties and ordered by the Court (ECF No. 63);
WHEREAS, Plaintiffs filed their Motion for Class Certification (ECF No. 133) on October 17, 2023, within the deadline agreed-upon by the parties and ordered by the Court (ECF No. 63);
WHEREAS, Plaintiffs filed a Motion to Seal Documents that Defendants have designated as confidential (ECF No. 135) on October 17, 2023;
WHEREAS, pursuant to Ninth Circuit caselaw, the trial court must rule on a pending motion to amend before considering a motion for class certification. See, e.g., Tan v. Quick Box, LLC, 2022 WL 17184568, at *2 (S.D. Cal. Nov. 23, 2022) (noting that “[a]n amended complaint may moot the motion for class certification because an amended complaint supersedes the original complaint so that the original complaint is treated as non-existent”) (citing Ramirez v. Cty. of San Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015)); Dean v. Colgate-Palmolive Co., 2017 WL 11585683, at *5 (C.D. Cal. May 15, 2017) (explaining that “an amended complaint would moot the Motion for Class Certification”); Burchfield v. Corel Corp., 2013 WL 12120088 (N.D. Cal. Sept. 12, 2013) (finding that class certification motion was “rendered moot” based on amendment of complaint).
WHEREAS, Defendants' opposition to Plaintiffs' Motion for Leave to File the Fourth Amended Complaint is currently due October 31, 2023, and Plaintiffs' reply in support of their motion would be due November 7, 2023;
WHEREAS, Defendants' response to the Motion to Seal Documents is currently due October 31, 2023;
WHEREAS, the parties aver that there is good cause to reasonably extend the above deadlines for briefing related to the motion to amend and the motion to seal to allow Defendants sufficient time to respond to the issues raised in each motion, and to allow Plaintiffs sufficient time to address the issues raised in Defendants' responses;
WHEREAS, the parties aver that there is good cause to postpone class certification briefing until the Court has ruled on the motion to amend, and that the parties are willing to meet and confer and submit a proposed schedule for briefing Plaintiffs' motion for class certification within 14 days of the Court's ruling on the motion to amend;
WHEREAS, counsel for the parties have conferred and agreed to the following briefing schedule for the motion to amend and motion to seal:
| Event | Proposed Date |
| Deadline for Defendants to respond to the Motion to Seal Documents | November 14, 2023 |
| Deadline for Defendants to oppose Plaintiffs' Motion for Leave to File the Fourth Amended Complaint | November 22, 2023 |
| Deadline for Plaintiffs to file reply in support of their motion for Leave to File the Fourth Amended Complaint | December 6, 2023 |
WHEREAS, this stipulation is not made for purposes of delay; and
WHEREAS, this is the first request for an extension of time for the subject deadlines;
IT IS HEREBY STIPULATED AND AGREED, subject to the approval of the Court, that (1) the deadline for Defendants to respond to the Motion to Seal Documents shall be November 14, 2023; (2) the deadline for Defendants to oppose Plaintiffs' Motion for Leave to File the Fourth Amended Complaint shall be November 22, 2023; (3) the deadline for Plaintiffs to file reply in support of their motion for Leave to File the Fourth Amended Complaint shall be December 6, 2023; (4) within 14 days of the Court's ruling on the motion to amend, the parties will meet and confer and submit a proposed schedule for briefing deadlines on Plaintiffs' motion for class certification.
Dated: October 27, 2023
IT IS SO ORDERED.